Judicial Council Act 2019

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Judicial Council Act 2019.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definitions

2. In this Act—

“Board” means the Board of the Council;

“committee” means a committee of the Council, namely—

(a) the Judicial Studies Committee,

(b) the Personal Injuries Guidelines Committee,

(c) the Sentencing Guidelines and Information Committee,

(d) each of the Judicial Support Committees,

(e) the Judicial Conduct Committee, or

(f) a committee established under section 16;

“complaint” means a complaint made under section 50;

“complainant” means a person who makes a complaint or on whose behalf a complaint is made;

“Complaints Review Committee” means the Complaints Review Committee established under section 55;

“control”, in relation to a document, includes the ability to procure the document;

“co-opted member of the Board” has the meaning assigned to it by section 12(5);

“Council” means the Judicial Council established by section 6;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“designated judge or designated judges”, in relation to the process for the resolution by informal means of complaints under Chapter 4 of Part 5, means—

(a) in the case of an ordinary judge of the Supreme Court, the Chief Justice,

(b) in the case of an ordinary judge of the Court of Appeal, the President of the Court of Appeal,

(c) in the case of an ordinary judge of the High Court, the President of the High Court,

(d) in the case of an ordinary judge or a specialist judge of the Circuit Court, the President of the Circuit Court,

(e) in the case of a judge (other than the President) of the District Court, the President of the District Court,

(f) in the case of the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court, the Chief Justice, and

(g) in the case of the Chief Justice, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court and the President of the District Court;

“document” includes—

(a) a book, record or other written or printed material in any form (including in any electronic device),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy of anything which falls under paragraph (a), (b), (c) or (d);

“elected member” means—

(a) in relation to the Board, a judge elected in accordance with section 12(4) to be an elected member of the Board, and

(b) in relation to the Judicial Conduct Committee, a judge elected in accordance with section 44(4) to be an elected member of the Judicial Conduct Committee,

as may be appropriate;

“electronic device” includes any device which uses any electrical, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data or both to store and transmit data;

“establishment day” means the day appointed under section 5;

“European Court of Human Rights” has the meaning it has in Eusection 1(1) of the European Convention on Human Rights Act 2003;

“ ex officio member” means—

(a) in relation to the Board, a judge holding one of the judicial offices specified in section 12(2), and

(b) in relation to the Judicial Conduct Committee, a judge holding one of the judicial offices specified in section 44(2),

as may be appropriate;

“International Court of Justice” means the International Court of Justice established under the Charter of the United Nations;

“International Criminal Court” means the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on 17 July 1998;

“international tribunal” has the meaning it has in section 2 of the International War Crimes Tribunals Act 1998;

“judge” means a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court;

“judge concerned”, in relation to a complaint, has the meaning assigned to it by section 50;

“Judicial Conduct Committee” means the committee established under section 43;

“judicial misconduct” means conduct (whether an act or omission) by a judge, whether in the execution of his or her office or otherwise, and whether generally or on a particular occasion, that—

(a) constitutes a departure from acknowledged standards of judicial conduct, such standards to have regard to the principles of judicial conduct referred to in sections 7(1)(b) and 43(2), and

(b) brings the administration of justice into disrepute;

“Judicial Studies Committee” means the committee established under section 17;

“Judicial Support Committees” means the committees established under section 30;

“lay member” means—

(a) in relation to the Sentencing Guidelines and Information Committee, a person appointed under section 24(3) to be a lay member of that Committee,

(b) in relation to the Judicial Conduct Committee, a person appointed under section 44(5) to be a lay member of that Committee, and

(c) in relation to a panel of inquiry, a person appointed under section 67(1)(b) to be a lay member of that panel of inquiry,

as may be appropriate;

“local authority” has the meaning it has in the Local Government Act 2001;

“Minister” means the Minister for Justice and Equality;

“panel of inquiry” means a panel of inquiry comprising the persons who are appointed as members of the panel of inquiry under section 67 to perform the functions conferred on a panel of inquiry by this Act;

F1["personal injuries guidelines" shall, subject tosection 89A, have the meaning assigned to it bysection 90(1);]

“Personal Injuries Guidelines Committee” means the committee established under section 18;

“personal injury” has the meaning it has in the Civil Liability Act 1961;

“Registrar”, in relation to the Judicial Conduct Committee, has the meaning assigned to it by section 49;

“registrar to a panel of inquiry” has the meaning assigned to it by section 67(7);

“Secretary”, in relation to the Council, has the meaning assigned to it by section 32;

“sentence” includes any order or decision of a court consequent on a conviction for an offence or a finding of guilt in respect of an offence;

“sentencing guidelines” shall be construed in accordance with section 91;

“Sentencing Guidelines and Information Committee” means the committee established under section 23.

3. Repeals

3. The following provisions are repealed:

(a) section 21 of the Courts of Justice (District Court) Act 1946;

(b) sections 10(4) and 36(2) of the Courts (Supplemental Provisions) Act 1961;

(c) section 48 of the Courts and Court Officers Act 1995.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Judicial Council

5. Establishment day

5. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

6. Establishment of Council

6. (1) There shall stand established on the establishment day, a body which shall be known as Comhairle na mBreithiúna or, in the English language, the Judicial Council (in this Act referred to as the “Council”) to perform the functions conferred on it by this Act.

(2) The Council shall, subject to the provisions of this Act, be independent in the performance of its functions.

(3) The Council shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister and the approval of the Minister for Public Expenditure and Reform, have power to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(4) The Council shall have a seal and the seal shall be authenticated by the signatures of—

(a) the chairperson of the Council or another member of the Council authorised by it to act in that behalf, and

(b) the Secretary or another member of the staff of the Council authorised by it to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Council and every document purporting—

(a) to be an instrument made by the Council, and

(b) to be sealed with the seal of the Council authenticated in accordance with subsection (4),

shall be received in evidence and be deemed to be such an instrument without further proof, unless the contrary is shown.

7. Functions of Council

7. (1) The functions of the Council shall be to promote and maintain—

(a) excellence in the exercise by judges of their judicial functions,

(b) high standards of conduct among judges, having regard to the principles of judicial conduct requiring judges to uphold and exemplify judicial independence, impartiality, integrity, propriety (including the appearance of propriety), competence and diligence and to ensure equality of treatment to all persons before the courts,

(c) the effective and efficient use of resources made available to judges for the purposes of the exercise of their functions,

(d) continuing education of judges,

(e) respect for the independence of the judiciary, and

(f) public confidence in the judiciary and the administration of justice.

(2) Without prejudice to the generality of subsection (1), the Council shall—

(a) review a proposal, report or recommendation submitted to it by the Board under section 11(1)(c),

(b) consider a matter referred to it by a committee under section 16(5),

(c) if appropriate, make decisions in relation to a proposal, report or recommendation referred to in paragraph (a) or a matter referred to in paragraph (b),

(d) adopt and publish in such manner as it considers appropriate—

(i) guidelines concerning judicial conduct and ethics prepared and submitted to the Board by the Judicial Conduct Committee under section 43(3)(d) with the modifications (if any) made by the Board under section 11(1)(f), or

(ii) amendments to guidelines concerning judicial conduct and ethics so prepared and submitted under section 43(3)(e) with the modifications (if any) made by the Board under section 11(1)(f),

as soon as practicable, and in any event not later than 12 months, after such submission,

(e) develop and manage schemes for the education and training of judges,

(f) prepare and disseminate information and materials among judges for their use in the exercise of their functions,

F2[(g) adopt—

(i) draft personal injuries guidelines prepared and submitted to the Board undersection 18(2)(a)with the modifications (if any) made by the Board undersection 11(1) (d), as soon as practicable after such submission but not later than 31 July 2021, or

(ii) any draft amendments to personal injuries guidelines prepared and submitted to the Board undersection 18(2)(b)with the modifications (if any) made by the Board undersection 11(1)(d), as soon as practicable but not later than 12 months after such submission,

and publish the personal injuries guidelines and amendments in such manner as it considers appropriate as soon as practicable following such adoption,]

F3[(ga) subject tosubsection (2A), adopt any amendments to personal injuries guidelines prepared and submitted to the Board undersection 18(2)(b)with the modifications (if any) made by the Board undersection 11(1)(d), as soon as practicable after such submission, and publish the amendments in such manner as it considers appropriate as soon as practicable following such adoption,]

(h) adopt and publish in such manner as it considers appropriate—

(i) sentencing guidelines prepared and submitted to the Board by the Sentencing Guidelines and Information Committee under section 23(2)(a) with the modifications (if any) made by the Board under section 11(1)(e), or

(ii) amendments to sentencing guidelines so prepared and submitted under section 23(2)(b) with the modifications (if any) made by the Board under section 11(1)(e),

as soon as practicable, and in any event not later than 12 months, after such submission,

(i) promote among judges, in such manner as it considers appropriate, an understanding of the principles governing the assessment and award of damages for personal injuries,

(j) subject to section 23, promote an understanding of sentencing principles and practice among judges and persons other than judges in such manner as it considers appropriate,

(k) establish, maintain and improve communication with—

(i) bodies representing judges appointed to courts of places other than the State, and

(ii) international bodies representing judges,

and

(l) assist with the provision of support to judges generally.

F3[(2A) Amendments to personal injuries guidelines may be adopted by the Council undersubsection (2)(ga)only where—

(a) a draft of the amendments has first been laid before each House of the Oireachtas, and

(b) a resolution approving the draft of the amendments has been passed by each such House.

(2B) For the purposes ofsubsection (2A), the Council shall submit a draft of the amendments it proposes to adopt to the Minister and the Minister shall cause a draft of the amendments to be laid before each House of the Oireachtas as soon as practicable after the receipt thereof.]

(3) The Council shall have all such powers as are necessary or expedient for the performance of its functions, including the power—

(a) to establish committees in accordance with this Act, and

(b) to delegate any of its functions to a committee.

(4) The Council may for the purposes of the performance of its functions or the functions of a committee—

(a) enter into contracts or arrangements, and

(b) exercisable only with the consent of the Minister, engage consultants or advisers.

(5) F4[Notwithstanding any other provision of this Act, the functions of the Council referred to inparagraphs (a)to(d)andparagraphs (ga)and(h)ofsubsection (2), and insubsections (2A)and(2B), other than in so far as the functions referred to inparagraphs (d), (ga)and(h)] refer to publication, shall not be—

(a) performed by the Board on behalf of the Council,

(b) delegated to a committee, or

(c) otherwise performed by any person other than the Council.

8. Membership of Council

8. (1) The Council shall comprise the following members:

(a) the Chief Justice and the ordinary judges of the Supreme Court;

(b) the President of the Court of Appeal and the ordinary judges of the Court of Appeal;

(c) the President of the High Court and the ordinary judges of the High Court;

(d) the President of the Circuit Court and the ordinary judges and specialist judges of the Circuit Court;

(e) the President of the District Court and the judges of the District Court other than the President of that Court.

(2) Subject to section 9(5), the Council may act notwithstanding one or more vacancies in its membership.

(3) When a member of the Council ceases to be a judge, he or she shall thereupon cease to be a member of the Council.

(4) The Chief Justice shall be the chairperson of the Council and the President of the Court of Appeal shall be its vice-chairperson.

9. Meetings and procedures of Council

9. (1) The Council shall hold such and so many meetings as may be necessary for the performance of its functions but in each year shall hold at least one meeting.

(2) The first meeting of the Council shall be held not later than 3 months after the establishment day.

(3) At a meeting of the Council—

(a) the chairperson of the Council shall, if present, be the chairperson of the meeting,

(b) if and so long as the chairperson of the Council is not present, or if the office of chairperson of the Council is vacant, the vice-chairperson of the Council shall be the chairperson of the meeting, and

(c) if and so long as neither the chairperson nor the vice-chairperson of the Council is present, or if the offices of chairperson and vice-chairperson of the Council are vacant, the next most senior judge present shall be the chairperson of the meeting.

(4) Every question at a meeting of the Council shall be determined by a majority of the votes of the members of the Council present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

(5) The quorum for a meeting of the Council shall be—

(a) not less than half of the total number of its members, and

(b) not less than one-quarter, or such greater proportion as the Council may determine, of the total number of members of each Court, namely, the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court, rounded up to the nearest whole number.

(6) For the purposes of subsection (5)(b), the members of each Court shall not include ex officio members of that Court.

(7) Subject to this Act, the Council may regulate its own procedures.